April 29, 2010
L&L PAINTING CO., INC., ET AL., APPELLANTS,
THE CONTRACT DISPUTE RESOLUTION BOARD OF THE CITY OF NEW YORK, ET AL., RESPONDENTS.
This memorandum is uncorrected and subject to revision before publication in the New York Reports.
The order of the Appellate Division should be affirmed, with costs. The City of New York Contract Dispute Resolution Board rationally determined that a discrepancy between a diagram and notes on the contract drawing that is the subject of this dispute created an ambiguity in the contract terms, which petitioner L&L Painting Co. failed to clarify prior to bidding as the contract required. Therefore, the Board rationally disapproved the claim for additional compensation.
On review of submissions pursuant to section 500.11 of the Rules, order affirmed, with costs, in a memorandum. Chief Judge Lippman and Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur.
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